Washoe County Board of Adjustment Meeting, February 5, 2026

The Washoe County Board of Adjustment met on February 5, 2026, at 9:30 AM. The board approved a variance request to allow an existing 15-foot-8-inch tall wildlife preservation wall at 515 Rhodes Road, despite staff's recommendation for denial. The meeting included a public hearing, public comments, and board deliberation.

Consent Calendar

• Agenda Approval: The board approved the February 5, 2026, agenda with a modification to pull a variance for a berm (WPVAR25-0010515 roads berm variance) from the agenda. Motion carried unanimously.
• Draft Minutes: The board approved the January 5, 2026, draft minutes as written. Motion carried unanimously.

Public Comments & Testimony

• Rick Blake (in support): Blake, a neighbor, supported the variance, noting the importance of maintaining the wildlife habitat and bird corridor, and stated the wall is not detrimental to the area.
• James Grimes (in opposition): Grimes, an adjacent property owner, opposed the variance, stating that the Coulters built the wall without a permit, while he was required to follow code. He also alleged other code violations by the Coulters and expressed concerns about fairness.

Discussion Items

• Variance Case WPVAR25-0011 (515 Rhodes Road Wall Height Variance): The applicant, Curtis and Judy Coulter, requested a variance to exceed the maximum fence/wall height of 6 feet to 15 feet 8 inches for an existing 95-foot-long wall on the eastern property line, built in 2017 to mitigate the loss of a 700-year-old cottonwood tree and preserve wildlife habitat.
  • Staff Presentation: Planner Jolene Bertetto recommended denial, stating that staff could not make finding A (special circumstances) or finding C (no special privileges). The parcel does not have exceptional narrowness, shape, or topography, and approval would grant a special privilege not available to other properties.
  • Applicant Presentation: Attorney Garrett Gordon argued that the loss of the historic tree constituted a unique special circumstance, and the wall is a wildlife habitat structure, not a fence. He noted eight supportive letters from neighbors, no opposition letters, and that the wall has been in place for eight years without complaints. The wall supports migratory birds, includes bird houses at heights necessary to avoid predators, and is part of an arboretum visited by UNR master gardeners.
  • Board Deliberation: Board members discussed whether the structure meets the definition of a fence (staff confirmed it does not enclose space or separate parcels like a standard fence, as there is a separate conforming fence behind it). Members noted the good faith effort, lack of visual impact, and the uniqueness of the situation. Some expressed concerns about precedent and neighbor relations, but legal counsel advised that each variance is case-by-case. Chairman Rob Pierce noted the structure was built in 2017 and neighbors had not previously complained. Ultimately, the board found that the special circumstances (loss of the tree and wildlife habitat needs) allowed them to make all four required findings.

Key Outcomes

• Motion to Approve Variance: Commissioner Rob Pierce moved to approve WPVAR25-0011, finding that all four findings required by Washoe County Development Code Section 110.804.25 could be made. Seconded by Commissioner Kathy Julian. The motion passed unanimously (4-0 quorum present: Kathy Julian, Leo Harishni, Peter Cashon, Pat Caldwell, Rob Pierce). The variance allows the existing wall height of 15 feet 8 inches at 515 Rhodes Road.